Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1137

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Saddam - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No. 2303 of 2025
Decided On : 26-09-2025

Advocates Appeared:
For the Applicant :Mr. K.S. Gill, Advocate.
For the Respondent: Mr. Mohinder Zharaick, Addl. A.G. with Ms. Ranjna Patial, Dy. A.G., assisted by ASI Krishan Bhandari

Bail granted in commercial quantity NDPS case where evidence solely from inadmissible co-accused police confessions and CDRs (trial-stage evaluation), no financial links, investigation complete, parity with co-accused, satisfying twin conditions prima facie.

Headnote:(A) NDPS Act, 1985 - Sections 21, 27-A, 29 and 37 - Commercial quantity contraband - Bail application under BNSS Section 483 - Role alleged based on co-accused disclosures made in police custody, inadmissible for conviction as police officers' statements barred under Evidence Act Section 25 per Tofan Singh - CDRs evidentiary value determined at trial, provide metadata not conversation substance - No financial transactions in bank statements - Investigation complete, no further recovery - Co-accused released on bail - Twin conditions under Section 37 satisfied prima facie, applicant not guilty and unlikely to reoffend on bail with conditions - Bail allowed. (Paras 9-21)

(B) Evidence Act - Sections 25 and 27 - Police custody includes detention prior to formal arrest, but confessional statements to police under NDPS inadmissible. (Paras 11-13)

(C) NDPS Act - Section 42(2) - Compliance with secret information procedures noted but not connecting applicant sufficiently at bail stage. (Para 8.3)

Facts of the case:
Applicant alleged to have supplied commercial quantity of granule shaped substance recovered from co-accused during patrolling on secret information, transported on motorcycle - Chain traced through multiple co-accused disclosures claiming purchase and delivery at certain residence - CDRs showed communications among involved persons - Applicant nabbed later, investigation led to charge-sheet, trial pending.

Findings of Court:
Prima facie case made for not guilty and no likelihood of offence on bail - Granted release on personal bond of Rs.1,00,000/- with two sureties, subject to conditions including regular attendance, no tampering, no inducement, no leaving country, monthly affidavit of no new crimes.

Issues: Sufficiency of co-accused custodial disclosures and CDRs to deny bail under NDPS Section 37 rigors for commercial quantity; interpretation of police custody; evidentiary weight at pre-trial stage.

Ratio Decidendi: Prosecution case against applicant rests on inadmissible co-accused confessions and CDRs requiring trial assessment - No direct evidence or financial links - Parity with released co-accused - Conditions under Section 37 met beyond prima facie, enabling bail.

Result: Bail application allowed.

Table of Content
1. bail plea: innocence, parity, no interrogation needed. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. commercial quantity heroin recovery and arrests. (Para 8)
3. section 37 ndps twin bail conditions. (Para 9 , 10)
4. co-accused custody statements inadmissible. (Para 11 , 12 , 13)
5. cdrs limited value at bail stage. (Para 14 , 15 , 16)
6. insufficient prima facie guilt; parity; no s27a. (Para 17 , 19 , 20)
7. bail granted with conditions. (Para 22 , 23 , 24 , 25 , 26 , 27)

JUDGMENT :

Virender Singh, J.

Applicant Saddam has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 38 of 2025, dated 22.2.2025, registered under Sections 21, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the ‘NDPS’ Act), with Police Station, Puruwala, District Sirmour, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant and has nothing to do with the contraband, allegedly recovered, in the present case.

3. It is the further case of the applicant that Police could not collect any evidence to connect him with the crime in question.

4. According to the applicant, investigation, in the present case, is complete and nothing is to be recovered, from his possession. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the Police.

5. Applicant has pleaded that his co-accused have already been released on bail, as such, he prays for the relief, as claimed in the application, on the ground of parity.

6. On the basis of above facts, the applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during pendency of the trial.

7. On these submissions, a prayer has been made to allow the bail application.

8. When put to notice, the police has filed the status report, disclosing therein, that on 22.5.2025, Constable Dinesh Kumar, No. 342, submitted ruqua, which was sent by HC Rakesh Kumar No. 224 I.O., SIU, Nahan, for registration of the FIR, mentioning therein that on 22.2.2025 I.O., alongwith other police officials, in Govt. vehicle bearing registration No. HP 18A-6236, was on patrolling duty and on duty to detect the crime, relating to excise and narcotics. They had proceeded towards Kolar, Majra, Paonta Sahib, Puruwala, Killod side. At about 10:20 a.m., when, I.O., alongwith police team, was present at Bhuddi road bifurcation Mehruwala, then, he received a secret information that a young man, namely, Soib Khan @ Aazam and Sakib Shah, R/o Jeewangarh, Vikasnagar, are doing business of selling narcotic substance chitta/heroin and they had brought consignment of heroin from Bareilly, Uttar Pradesh and both of them are going on Motorcycle bearing registration No. UK 16C-2210, alongwith consignment of heroin from Dakpathhar to Mehruwala, towards Paonta Sahib.

8.1 As per the information, Soib Khan @ Azam was wearing a white coloured sweater and light blue coloured jeans, whereas, Sakib Shah was wearing a white and black coloured jacket and blue coloured jeans. As per the information, in case, the said persons, alongwith the motorcycle, are nabbed, then, a large quantity of chitta/heroin, could be recovered.

8.2 According to the I.O., in case, search warrants and authorization letter are obtained, in that eventuality, delay would be occurred and the contraband could be removed from there.

8.3 The information was found to be authentic and reliable, upon which, the I.O. complied with the provisions of Section 42 (2) of the NDPS Act.

8.4 In the meanwhile, on the spot, one motorcycle bearing registration No. HP-17E-7073 was noticed. The said motorcycle was signalled to stop and the rider of the motorcycle and the pillio